Ordinance 2021-4428 ORDINANCE NO. 2021-4428
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 98, ENTITLED
"STREETS AND SIDEWALKS," BY AMENDING ARTICLE III, ENTITLED
"EXCAVATIONS," BY AMENDING SECTION 98-94 THEREOF,
ENTITLED "BUILDING PERMITS," TO CREATE PLATFORM LIFTS
AND STAIRWAY CHAIRLIFTS MAINTENANCE REQUIREMENTS; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, according to the American Society of Mechanical Engineers
(ASME) A18.1-2017: Safety Standard for Platform Lifts and Stairway Chairlifts, routine
inspections shall generally be conducted every six (6) months; and
WHEREAS, wheelchair lift manufacturers recommend that maintenance be
performed every six (6) months for platform lifts and stairway chairlifts located inside a
property, and a quarterly basis for platform lifts and stairway chairlifts located outside and
exposed to the elements; and
WHEREAS, the Americans with Disabilities Act (ADA) and other Federal Civil
Rights laws also require that accessible features be maintained in a working condition so
they may be accessed and used by individuals with disabilities; and
WHEREAS, the City of Miami Beach currently inspects platform lifts and stairway
chairlifts once a year; and
WHEREAS, the City has approximately 210 wheelchair lifts throughout the City;
and
WHEREAS, private building owners are reminded by City staff that ASME A18
Safety Standard for Platform Lifts and Stairway Chairlifts requires routine maintenance
and inspections; and
WHEREAS, at the time of the inspection, about 65% of the lifts were found
inoperable due to lack of proper maintenance; and
WHEREAS, in an effort to increase the use and reliability of the lifts throughout
the year, the City's Public Works Elevator Safety Section recommends that building
owners attest or provide proof of a maintenance agreement for stairway chairlifts and
platform lifts, which agreement would provide for routine service and maintenance every
six (6) months for lift maintenance indoors, and quarterly service for lifts maintenance
outdoors; and
WHEREAS, the City Commission desires to amend section 98-94 of the City Code
as a way to ensure proper operation of these mechanical conveyances.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That section 98-94 of the City Code of Miami Beach are hereby amended
as follows:
Chapter 98
STREETS AND SIDEWALKS
* * *
ARTICLE III. EXCAVATIONS
* * *
DIVISION 2. PERMIT
* * *
Sec. 98-94. - Building permits.
(a) Up-front processing fee.
(1) When the building permit application is received, the applicant shall pay an "up
front" processing fee as specified in appendix A.
(2) This processing fee is not refundable, but shall be credited toward the final
building permit fee. The "up front" processing fee, after it is calculated, shall be
rounded up to the nearest $5.00, with a minimum fee as specified in appendix A.
(b) Refunds, time limitations, cancellations, change of contractor. The fees charged
pursuant to the schedule in appendix A, provided the same are for a permit required
by Section 105.1 of the Florida Building Code, may be refunded by the building official
subject to the following:
(1) No refunds shall be made on requests involving:
a. Permit fees of the minimum permit fee as specified in appendix A or less; or
b. Permits for which plans review has commenced; or
c. Permits revoked by the building official under authority granted by the Florida
Building Code; or
d. Permits cancelled by court order; or
e. Permits which have expired; or
f. Permits under which work has commenced as evidenced by any recorded
inspection having been made by the department. unless the refund is due to
an overcharge by the city.
(2) A full refund shall be granted to a permit holder who takes out a permit covering
work outside the jurisdictional inspection area.
(3) A full refund less the minimum up-front permit fee and any outside agency fees
shall be granted to a permit applicant who requests a refund in writing within one
year of payment, provided that no plan review has commenced.
A full refund less the minimum permit fee as specified in appendix A or the up-
front permit fee, whichever amount is greater, rounded down to the nearest
dollar, and any outside agency fees shall be granted to a permit applicant who
requests a refund in writing within one year of payment, provided that a permit
has not been issued.
A full refund less the minimum permit fee as specified in appendix A or the up-
front permit fee, whichever amount is greater, rounded down to the nearest
dollar, and any outside agency fees shall be granted to a permit holder(to
whom a permit has been issued) who requests a refund in writing within one
year of payment, provided:
a. That the permit holder makes a written request prior to the permit expiration
date; and
b. That no work as evidenced by any recorded inspection has commenced
under such permit.
(4) Where the permit is revoked, or becomes null and void, or expires because of
lack of work or abandonment, a new permit covering the proposed construction
shall be obtained before proceeding with the work, pursuant to Section 105.4.1.1
of the Florida Building Code. If no more than 180 days of the expiration date of
the original permit has passed, and no refund has been made according to this
section, the applicant may apply to renew the permit, the reapplication must be
covering the same project and involving the same plans, and must be submitted
with the plans and the applicant's validated copy of the original permit. A fee of
25 percent of the original permit fee, plus an additional processing fee equivalent
to the minimum permit fee as specified in appendix A, shall be charged for a
renewal under these circumstances.
For permits that have expired where the only missing component is one or more
final inspections, the fee for reopening the permit, performing the final
inspection(s), and providing a final approval on the permit shall be charged
based on the minimum building permit fee.
(5) Every application submitted for permit will be evaluated and fees assessed
accordingly whether it is for a master permit, a stand-alone permit, or a
subcontract/trade subsidiary permit. All submittals will be assessed the fees as
prescribed in appendix A, or the minimum permit fee, whichever is greater.
(c) [Public works fees.] Public works fees associated with a building permit are as
specified in appendix A.
(d) [Violations of state law.] For violations of F.S. § 553.509, which pertain to the
requirement to provide vertical accessibility under the "Florida Americans with
Disabilities Act," in buildings without an active wheelchair lift, a certified elevator
inspector employed by the City of Miami Beach Elevator Safety Section may issue
a citation in the manner provided in subsection 14-442(b). The schedule of
violation fines shall be set forth in section 14-444 hereof.
(e) [Elevator construction.]AII new and modernized elevator construction covered by
F.S. ch. 399, except those elevators in a high-rise building, which is defined in the
Florida Building Code, must provide and require a battery backup lowering system
that must automatically activate upon loss of normal electrical power, which shall
lower the elevator to a floor designated by building personnel.
(fi [Maintenance requirements.)
(1) Effective February 1, 2022, all buildinq owners utilizing platform lifts and
stairways chairlifts for purposes of compliance with American with Disabilities
(ADA) requirements shall submit to the Public Works Department the following:
(i) proof of a valid maintenance agreement satisfyinq the requirements of
subsection (f)(2); or (ii) a notarized affidavit attestinq that the building owner has
a valid maintenance aqreement in place.
(2) All building owners shall have maintenance agreements requiring bi-annual
service and maintenance of platform lifts and stairway chairlifts located inside
buildings, and quarterly service and maintenance for platform lifts and stairway
chairlifts located outside and exposed to the elements. Such maintenance
agreements shall be continuously in place, and subject to verification as part of
the City's annual elevator inspections.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same
are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami
Beach, and it is hereby ordained that the provisions of this ordinance shall become
and be made a part of the Code of the City of Miami Beach, Florida. The sections
of this ordinance may be renumbered or re-lettered to accomplish such intention,
and the word" ordinance" may be changed to" section," article," or other
appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the 1 day 418uJt2021.
PASSED and ADOPTED this o?f day of Tar , 2021.
ATTEST:
Dan Gelber, Mayor
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Rafael E. Grana o, City Clerk g , , ` '��,,
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(Sponsored by Vice-Mayor Michael Gongora)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney kr Date
Ordinances -R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: July 28, 2021
10:10 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 98, ENTITLED "STREETS AND
SIDEWALKS," BYAMENDING ARTICLE III, ENTITLED "EXCAVATIONS," BY
AMENDING SECTION 98-94 THEREOF, ENTITLED "BUILDING PERMITS,"
TO CREATE PLATFORM LIFTS AND STAIRWAY CHAI RLI FTS
MAINTENANCE REQUIREMENTS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
BACKGROUND/HISTORY
According to the American Society of Mechanical Engineers (ASME) A18.1-2017: Safety
Standard for Platform Lifts and Stairway Chairlifts, routine inspections shall be made at intervals
no longer than 6 months apart or twice a year. Wheelchair lift manufacturers recommend that
maintenance be performed every 6 months for units located inside a property and 4 times a year
for outside units.
The City of Miami Beach currently inspects platform lifts and stairway chairlifts once a year. The
City has approximately 210 wheelchair lifts throughout the City. At the time of the inspection,
about 65%of them were found inoperable due to lack of proper maintenance.
In an effort to increase the use and reliability of the lifts throughout the year, the City's Public
Works Elevator Safety Section recommends that building owners attest or provide proof of a
maintenance agreement for stairway chairlifts and platform lifts, which agreement would provide
for routine service and maintenance every six (6) months for lift maintenance indoors, and
quarterly service for lifts maintenance outdoors. The City Commission desires to amend
Section 98-94 of the City Code as a way to ensure proper operation of these mechanical
conveyances.
At the June 23, 2021 meeting of the City Commission, the City Clerk read the title of the
Ordinance into the record and scheduled a Second Reading Public Hearing on July 28, 2021.
ANALYSIS
Page 860 of 2012
The Americans with Disabilities Act (ADA) and other Federal Civil Rights laws require that
accessible features be maintained in a working condition so they may be accessed and used by
individuals with disabilities.
Private building owners are reminded by city staff that ASME Al 8 Safety Standard for Platform
Lifts and Stairway Chairlifts requires routine maintenance and inspections. The City is looking
to amend the Ordinance as a way to ensure proper operation of these mechanical conveyances.
SUPPORTING SURVEY DATA
Results from the 2019 Resident Survey show that 63% of residents rated customer service at
the City of Miami Beach as excellent/good. In order to continue maintaining excellent
standards,the Administration recommends approving the Ordinance on Second Reading Public
Hearing.
CONCLUSION •
The Administration recommends approving the Ordinance on Second Reading Public Hearing.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Neighborhoods - Increase compliance with City code.
Legislative Tracking
Public Works
Sponsor
Vice-Mayor Ricky Arriola
ATTACHMENTS:
Description
❑ Ordinance
Page 861 of 2012